Bill Text: MI HB6017 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Crimes; penalties; mandatory life imprisonment for certain crimes; revise to address prospective application of United States supreme court decision in Miller v Alabama. Amends secs. 16, 18, 200i, 204, 207, 209, 210, 211a, 316, 436, 520b & 543f (MCL 750.16 et seq.).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-11-27 - Printed Bill Filed 11/09/2012 [HB6017 Detail]

Download: Michigan-2011-HB6017-Introduced.html

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HOUSE BILL No. 6017

 

November 8, 2012, Introduced by Reps. Meadows and Haveman and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 16, 18, 200i, 204, 207, 209, 210, 211a, 316,

 

436, 520b, and 543f (MCL 750.16, 750.18, 750.200i, 750.204,

 

750.207, 750.209, 750.210, 750.211a, 750.316, 750.436, 750.520b,

 

and 750.543f), sections 16 and 18 as amended by 2004 PA 213,

 

sections 200i, 204, 207, 209, and 210 as amended by 2003 PA 257,

 

section 211a as amended by 2004 PA 523, section 316 as amended by

 

2006 PA 415, section 436 as amended by 2002 PA 135, section 520b as

 

amended by 2007 PA 163, and section 543f as added by 2002 PA 113.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16. (1) Except as otherwise provided in this section, a

 

person who knowingly or recklessly commits any of the following

 

actions is guilty of a felony punishable by imprisonment for not

 

more than 2 years or a fine of not more than $1,000.00, or both:

 

     (a) Adulterates, misbrands, removes, or substitutes a drug or

 

medicine so as to render that drug or medicine injurious to health.

 

     (b) Sells, offers for sale, possesses for sale, causes to be

 

sold, or manufactures for sale a drug or medicine that has been

 

adulterated, misbranded, removed, or substituted so as to render it

 

injurious to health.

 

     (2) A person who violates commits a violation of subsection

 

(1) , which violation that results in personal injury , is guilty

 

of a felony punishable by imprisonment for not more than 4 years or

 

a fine of not more than $4,000.00, or both.

 

     (3) A person who violates commits a violation of subsection

 

(1) , which violation that results in serious impairment of a body

 

function , is guilty of a felony punishable by imprisonment for not

 

more than 5 years or a fine of not more than $5,000.00, or both.

 

     (4) A person who violates commits a violation of subsection

 

(1) , which violation that results in death , is guilty of a felony

 

punishable by imprisonment for not more than 15 years or a fine of

 

not more than $20,000.00, or both.

 

     (5) A Except as provided in section 1m of chapter IX of the

 

code of criminal procedure, 1927 PA 175, MCL 769.1m, a person who

 

violates commits a violation of subsection (1) with the intent to

 

kill or to cause serious impairment of a body function of 2 or more

 

individuals , which violation that results in death , is guilty of

 

a felony punishable by imprisonment for life without possibility of

 

parole or life without possibility of parole and a fine of not more

 

than $40,000.00. It is not a defense to a charge under this

 

subsection that the person did not intend to kill a specific

 

individual or did not intend to cause serious impairment of a body

 

function of 2 or more specific individuals.

 

     (6) As used in this section, "serious impairment of a body

 

function" means that phrase as defined in section 58c of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.58c.

 

     (7) This section does not prohibit an individual from being

 

charged with, convicted of, or punished for any other violation of

 

law that is committed by that individual while violating this

 

section.

 

     Sec. 18. (1) Except for the purpose of compounding in the

 

necessary preparation of medicine, a person shall not knowingly or

 

recklessly mix, color, stain, or powder, or order or permit another

 

person to mix, color, stain, or powder, a drug or medicine with an

 

ingredient or material so as to injuriously affect the quality or

 

potency of the drug or medicine.

 

     (2) A person shall not sell, offer for sale, possess for sale,

 

cause to be sold, or manufacture for sale a drug or medicine mixed,

 

colored, stained, or powdered in the manner proscribed in

 

subsection (1).

 

     (3) Except as otherwise provided in this section, a person who

 

violates subsection (1) or (2) is guilty of a felony punishable by

 

imprisonment for not more than 2 years or a fine of not more than

 

$1,000.00, or both.

 

     (4) A person who violates commits a violation of subsection

 

(1) or (2) , which violation that results in personal injury , is

 

guilty of a felony punishable by imprisonment for not more than 4

 

years or a fine of not more than $4,000.00, or both.

 

     (5) A person who violates commits a violation of subsection

 

(1) or (2) , which violation that results in serious impairment of

 

a body function , is guilty of a felony punishable by imprisonment

 

for not more than 5 years or a fine of not more than $5,000.00, or

 

both.

 

     (6) A person who violates commits a violation of subsection

 

(1) or (2) , which violation that results in death , is guilty of a

 

felony punishable by imprisonment for not more than 15 years or a

 

fine of not more than $20,000.00, or both.

 

     (7) A Except as provided in section 1m of chapter IX of the

 

code of criminal procedure, 1927 PA 175, MCL 769.1m, a person who

 

violates commits a violation of subsection (1) or (2) with the

 

intent to kill or to cause serious impairment of a body function of

 

2 or more individuals , which violation that results in death , is

 

guilty of a felony punishable by imprisonment for life without

 

possibility of parole or life without possibility of parole and a

 

fine of not more than $40,000.00. It is not a defense to a charge

 

under this subsection that the person did not intend to kill a

 

specific individual or did not intend to cause serious impairment

 

of a body function of 2 or more specific individuals.

 

     (8) As used in this section, "serious impairment of a body

 

function" means that phrase as defined in section 58c of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.58c.

 

     (9) This section does not prohibit an individual from being

 

charged with, convicted of, or punished for any other violation of

 

law that is committed by that individual while violating this

 

section.

 

     Sec. 200i. (1) A person shall not manufacture, deliver,

 

possess, transport, place, use, or release any of the following for

 

an unlawful purpose:

 

     (a) A harmful biological substance or a harmful biological

 

device.

 

     (b) A harmful chemical substance or a harmful chemical device.

 

     (c) A harmful radioactive material or a harmful radioactive

 

device.

 

     (d) A harmful electronic or electromagnetic device.

 

     (2) A person who violates subsection (1) is guilty of a crime

 

as follows:

 

     (a) Except as provided in subdivisions (b) to (e), the person

 

is guilty of a felony punishable by imprisonment for not more than

 

15 years or a fine of not more than $10,000.00, or both.

 

     (b) If the violation directly or indirectly results in

 

property damage, the person is guilty of a felony punishable by

 

imprisonment for not more than 20 years or a fine of not more than

 

$15,000.00, or both.

 

     (c) If the violation directly or indirectly results in

 

personal injury to another individual other than serious impairment

 

of a body function or death, the person is guilty of a felony

 

punishable by imprisonment for not more than 25 years or a fine of

 

not more than $20,000.00, or both.

 

     (d) If the violation directly or indirectly results in serious

 

impairment of a body function to another individual, the person is

 

guilty of a felony punishable by imprisonment for life or any term

 

of years or a fine of not more than $25,000.00, or both.

 

     (e) If Except as provided in section 1m of chapter IX of the

 

code of criminal procedure, 1927 PA 175, MCL 769.1m, if the

 

violation directly or indirectly results in the death of another

 

individual, the person is guilty of a felony and shall be punished

 

by imprisonment for life without eligibility for parole and may be

 

fined not more than $40,000.00, or both.

 

     Sec. 204. (1) A person shall not send or deliver to another

 

person or cause to be taken or received by any person any kind of

 

explosive substance or any other dangerous thing with the intent to

 

frighten, terrorize, intimidate, threaten, harass, injure, or kill

 

any person, or with the intent to damage or destroy any real or

 

personal property without the permission of the property owner or,

 

if the property is public property, without the permission of the

 

governmental agency having authority over that property.

 

     (2) A person who violates this section is guilty of a crime as

 

follows:

 

     (a) Except as otherwise provided in subdivisions (b) to (e),

 

the person is guilty of a felony punishable by imprisonment for not

 

more than 15 years or a fine of not more than $10,000.00, or both.

 

     (b) If the violation damages the property of another person,

 

the person is guilty of a felony punishable by imprisonment for not

 

more than 20 years or a fine of not more than $15,000.00, or both.

 

     (c) If the violation causes physical injury to another

 

individual, other than serious impairment of a body function, the

 

person is guilty of a felony punishable by imprisonment for not

 

more than 25 years or a fine of not more than $20,000.00, or both.

 

     (d) If the violation causes serious impairment of a body

 

function to another individual, the person is guilty of a felony

 

punishable by imprisonment for life or any term of years or a fine

 

of not more than $25,000.00, or both.

 

     (e) If Except as provided in section 1m of chapter IX of the

 

code of criminal procedure, 1927 PA 175, MCL 769.1m, if the

 

violation causes the death of another individual, the person is

 

guilty of a felony and shall be imprisoned for life without

 

eligibility for parole and may be fined not more than $40,000.00,

 

or both.

 

     Sec. 207. (1) A person shall not place an explosive substance

 

in or near any real or personal property with the intent to

 

frighten, terrorize, intimidate, threaten, harass, injure, or kill

 

any person, or with the intent to damage or destroy any real or

 

personal property without the permission of the property owner or,

 

if the property is public property, without the permission of the

 

governmental agency having authority over that property.

 

     (2) A person who violates this section is guilty of a crime as

 

follows:

 

     (a) Except as otherwise provided in subdivisions (b) to (e),

 

the person is guilty of a felony punishable by imprisonment for not

 

more than 15 years or a fine of not more than $10,000.00, or both.

 

     (b) If the violation damages the property of another person,

 

the person is guilty of a felony punishable by imprisonment for not

 

more than 20 years or a fine of not more than $15,000.00, or both.

 

     (c) If the violation causes physical injury to another

 

individual, other than serious impairment of a body function, the

 

person is guilty of a felony punishable by imprisonment for not

 

more than 25 years or a fine of not more than $20,000.00, or both.

 

     (d) If the violation causes serious impairment of a body

 

function to another individual, the person is guilty of a felony

 

punishable by imprisonment for life or for any term of years or a

 

fine of not more than $25,000.00, or both.

 

     (e) If Except as provided in section 1m of chapter IX of the

 

code of criminal procedure, 1927 PA 175, MCL 769.1m, if the

 

violation causes the death of another individual, the person is

 

guilty of a felony and shall be imprisoned for life without

 

eligibility for parole and may be fined not more than $40,000.00,

 

or both.

 

     Sec. 209. (1) A person who places an offensive or injurious

 

substance or compound in or near to any real or personal property

 

with intent to wrongfully injure or coerce another person or to

 

injure the property or business of another person, or to interfere

 

with another person's use, management, conduct, or control of his

 

or her business or property is guilty of a crime as follows:

 

     (a) Except as otherwise provided in subdivisions (b) to (e),

 

the person is guilty of a felony punishable by imprisonment for not

 

more than 15 years or a fine of not more than $10,000.00, or both.

 

     (b) If the violation damages the property of another person,

 

the person is guilty of a felony punishable by imprisonment for not

 

more than 20 years or a fine of not more than $15,000.00, or both.

 

     (c) If the violation causes physical injury to another

 

individual, other than serious impairment of a body function, the

 

person is guilty of a felony punishable by imprisonment for not

 

more than 25 years or a fine of not more than $20,000.00, or both.

 

     (d) If the violation causes serious impairment of a body

 

function to another individual, the person is guilty of a felony

 

punishable by imprisonment for life or for any term of years or a

 

fine of not more than $25,000.00, or both.

 

     (e) If Except as provided in section 1m of chapter IX of the

 

code of criminal procedure, 1927 PA 175, MCL 769.1m, if the

 

violation causes the death of another individual, the person is

 

guilty of a felony and shall be imprisoned for life without

 

eligibility for parole and may be fined not more than $40,000.00,

 

or both.

 

     (2) A person who places an offensive or injurious substance or

 

compound in or near to any real or personal property with the

 

intent to annoy or alarm any person is guilty of a felony

 

punishable by imprisonment for not more than 5 years or a fine of

 

not more than $3,000.00, or both.

 

     Sec. 210. (1) A person shall not carry or possess an explosive

 

or combustible substance or a substance or compound that when

 

combined with another substance or compound will become explosive

 

or combustible or an article containing an explosive or combustible

 

substance or a substance or compound that when combined with

 

another substance or compound will become explosive or combustible,

 

with the intent to frighten, terrorize, intimidate, threaten,

 

harass, injure, or kill any person, or with the intent to damage or

 

destroy any real or personal property without the permission of the

 

property owner or, if the property is public property, without the

 

permission of the governmental agency having authority over that

 

property.

 

     (2) A person who violates subsection (1) is guilty of a crime

 

as follows:

 

     (a) Except as provided in subdivisions (b) to (e), the person

 

is guilty of a felony punishable by imprisonment for not more than

 

15 years or a fine of not more than $10,000.00, or both.

 

     (b) If the violation damages the property of another person,

 

the person is guilty of a felony punishable by imprisonment for not

 

more than 20 years or a fine of not more than $15,000.00, or both.

 

     (c) If the violation causes physical injury to another

 

individual, other than serious impairment of a body function, the

 

person is guilty of a felony punishable by imprisonment for not

 

more than 25 years or a fine of not more than $20,000.00, or both.

 

     (d) If the violation causes serious impairment of a body

 

function to another individual, the person is guilty of a felony

 

punishable by imprisonment for life or for any term of years or a

 

fine of not more than $25,000.00, or both.

 

     (e) If Except as provided in section 1m of chapter IX of the

 

code of criminal procedure, 1927 PA 175, MCL 769.1m, if the

 

violation causes the death of another individual, the person is

 

guilty of a felony and shall be imprisoned for life without

 

eligibility for parole and may be fined not more than $40,000.00,

 

or both.

 

     Sec. 211a. (1) A person shall not do either of the following:

 

     (a) Except as provided in subdivision (b), manufacture, buy,

 

sell, furnish, or possess a Molotov cocktail or any similar device.

 

     (b) Manufacture, buy, sell, furnish, or possess any device

 

that is designed to explode or that will explode upon impact or

 

with the application of heat or a flame or that is highly

 

incendiary, with the intent to frighten, terrorize, intimidate,

 

threaten, harass, injure, or kill any person, or with the intent to

 

damage or destroy any real or personal property without the

 

permission of the property owner or, if the property is public

 

property, without the permission of the governmental agency having

 

authority over that property.

 

     (2) A person who violates subsection (1) is guilty of a crime

 

as follows:

 

     (a) For a violation of subsection (1)(a), the person is guilty

 

of a felony punishable by imprisonment for not more than 4 years or

 

a fine of not more than $2,000.00, or both.

 

     (b) For a violation of subsection (1)(b) and except as

 

provided in subdivisions (c) to (f), the person is guilty of a

 

felony punishable by imprisonment for not more than 15 years or a

 

fine of not more than $10,000.00, or both.

 

     (c) If the violation damages the property of another person,

 

the person is guilty of a felony punishable by imprisonment for not

 

more than 20 years or a fine of not more than $15,000.00, or both.

 

     (d) If the violation causes physical injury to another

 

individual, other than serious impairment of a body function, the

 

person is guilty of a felony punishable by imprisonment for not

 

more than 25 years or a fine of not more than $20,000.00, or both.

 

     (e) If the violation causes serious impairment of a body

 

function to another individual, the person is guilty of a felony

 

punishable by imprisonment for life or any term of years or a fine

 

of not more than $25,000.00, or both.

 

     (f) If Except as provided in section 1m of chapter IX of the

 

code of criminal procedure, 1927 PA 175, MCL 769.1m, if the

 

violation causes the death of another individual, the person is

 

guilty of a felony and shall be imprisoned for life without

 

eligibility for parole and may be fined not more than $40,000.00,

 

or both.

 

     (3) As used in this section, "Molotov cocktail" means an

 

improvised incendiary device that is constructed from a bottle or

 

other container filled with a flammable or combustible material or

 

substance and that has a wick, fuse, or other device designed or

 

intended to ignite the contents of the device when it is thrown or

 

placed near a target.

 

     Sec. 316. (1) A Except as provided in section 1m of chapter IX

 

of the code of criminal procedure, 1927 PA 175, MCL 769.1m, a

 

person who commits any of the following is guilty of first degree

 

murder and shall be punished by imprisonment for life without

 

eligibility for parole:

 

     (a) Murder perpetrated by means of poison, lying in wait, or

 

any other willful, deliberate, and premeditated killing.

 

     (b) Murder committed in the perpetration of, or attempt to

 

perpetrate, arson, criminal sexual conduct in the first, second, or

 

third degree, child abuse in the first degree, a major controlled

 

substance offense, robbery, carjacking, breaking and entering of a

 

dwelling, home invasion in the first or second degree, larceny of

 

any kind, extortion, kidnapping, vulnerable adult abuse in the

 

first and second degree under section 145n, torture under section

 

85, or aggravated stalking under section 411i.

 

     (c) A murder of a peace officer or a corrections officer

 

committed while the peace officer or corrections officer is

 

lawfully engaged in the performance of any of his or her duties as

 

a peace officer or corrections officer, knowing that the peace

 

officer or corrections officer is a peace officer or corrections

 

officer engaged in the performance of his or her duty as a peace

 

officer or corrections officer.

 

     (2) As used in this section:

 

     (a) "Arson" means a felony violation of chapter X.

 

     (b) "Corrections officer" means any of the following:

 

     (i) A prison or jail guard or other prison or jail personnel.

 

     (ii) Any of the personnel of a boot camp, special alternative

 

incarceration unit, or other minimum security correctional

 

facility.

 

     (iii) A parole or probation officer.

 

     (c) "Major controlled substance offense" means any of the

 

following:

 

     (i) A violation of section 7401(2)(a)(i) to (iii) of the public

 

health code, 1978 PA 368, MCL 333.7401.

 

     (ii) A violation of section 7403(2)(a)(i) to (iii) of the public

 

health code, 1978 PA 368, MCL 333.7403.

 

     (iii) A conspiracy to commit an offense listed in subparagraph

 

(i) or (ii).

 

     (d) "Peace officer" means any of the following:

 

     (i) A police or conservation officer of this state or a

 

political subdivision of this state.

 

     (ii) A police or conservation officer of the United States.

 

     (iii) A police or conservation officer of another state or a

 

political subdivision of another state.

 

     Sec. 436. (1) A person shall not do either of the following:

 

     (a) Willfully mingle a poison or harmful substance with a

 

food, drink, nonprescription medicine, or pharmaceutical product,

 

or willfully place a poison or harmful substance in a spring, well,

 

reservoir, or public water supply, knowing or having reason to know

 

that the food, drink, nonprescription medicine, pharmaceutical

 

product, or water may be ingested or used by a person to his or her

 

injury.

 

     (b) Maliciously inform another person that a poison or harmful

 

substance has been or will be placed in a food, drink,

 

nonprescription medicine, pharmaceutical product, spring, well,

 

reservoir, or public water supply, knowing that the information is

 

false and that it is likely that the information will be

 

disseminated to the public.

 

     (2) A person who violates subsection (1)(a) is guilty of a

 

crime as follows:

 

     (a) Except as provided in subdivisions (b) to (e), the person

 

is guilty of a felony punishable by imprisonment for not more than

 

15 years or a fine of not more than $10,000.00, or both.

 

     (b) If the violation damages the property of another person,

 

the person is guilty of a felony punishable by imprisonment for not

 

more than 20 years or a fine of not more than $15,000.00, or both.

 

     (c) If the violation causes physical injury to another

 

individual, other than serious impairment of a body function, the

 

person is guilty of a felony punishable by imprisonment for not

 

more than 25 years or a fine of not more than $20,000.00, or both.

 

     (d) If the violation causes serious impairment of a body

 

function to another individual, the person is guilty of a felony

 

punishable by imprisonment for life or any term of years or a fine

 

of not more than $25,000.00, or both. As used in this subdivision,

 

"serious impairment of a body function" means that term as defined

 

in section 58c of the Michigan vehicle code, 1949 PA 300, MCL

 

257.58c.

 

     (e) If Except as provided in section 1m of chapter IX of the

 

code of criminal procedure, 1927 PA 175, MCL 769.1m, if the

 

violation causes the death of another individual, the person is

 

guilty of a felony and shall be imprisoned for life without

 

eligibility for parole and may be fined not more than $40,000.00,

 

or both.

 

     (3) A person who violates subsection (1)(b) is guilty of a

 

crime as follows:

 

     (a) Except as provided in subdivision (b), the person is

 

guilty of a felony punishable by imprisonment for not more than 4

 

years or a fine of not more than $2,000.00, or both.

 

     (b) If the person has previously been convicted of violating

 

subsection (1)(b), the person is guilty of a felony punishable by

 

imprisonment for not more than 10 years or a fine of not more than

 

$5,000.00, or both.

 

     (4) The court may order a term of imprisonment imposed for a

 

violation of this section to be served consecutively to a term of

 

imprisonment imposed for any other violation of law arising out of

 

the same transaction as the violation of this section.

 

     (5) This section does not prohibit an individual from being

 

charged with, convicted of, or punished for any other violation of

 

law that is committed by that individual while violating this

 

section.

 

     Sec. 520b. (1) A person is guilty of criminal sexual conduct

 

in the first degree if he or she engages in sexual penetration with

 

another person and if any of the following circumstances exists:

 

     (a) That other person is under 13 years of age.

 

     (b) That other person is at least 13 but less than 16 years of

 

age and any of the following:

 

     (i) The actor is a member of the same household as the victim.

 

     (ii) The actor is related to the victim by blood or affinity to

 

the fourth degree.

 

     (iii) The actor is in a position of authority over the victim

 

and used this authority to coerce the victim to submit.

 

     (iv) The actor is a teacher, substitute teacher, or

 

administrator of the public school, nonpublic school, school

 

district, or intermediate school district in which that other

 

person is enrolled.

 

     (v) The actor is an employee or a contractual service provider

 

of the public school, nonpublic school, school district, or

 

intermediate school district in which that other person is

 

enrolled, or is a volunteer who is not a student in any public

 

school or nonpublic school, or is an employee of this state or of a

 

local unit of government of this state or of the United States

 

assigned to provide any service to that public school, nonpublic

 

school, school district, or intermediate school district, and the

 

actor uses his or her employee, contractual, or volunteer status to

 

gain access to, or to establish a relationship with, that other

 

person.

 

     (c) Sexual penetration occurs under circumstances involving

 

the commission of any other felony.

 

     (d) The actor is aided or abetted by 1 or more other persons

 

and either of the following circumstances exists:

 

     (i) The actor knows or has reason to know that the victim is

 

mentally incapable, mentally incapacitated, or physically helpless.

 

     (ii) The actor uses force or coercion to accomplish the sexual

 

penetration. Force or coercion includes, but is not limited to, any

 

of the circumstances listed in subdivision (f).

 

     (e) The actor is armed with a weapon or any article used or

 

fashioned in a manner to lead the victim to reasonably believe it

 

to be a weapon.

 

     (f) The actor causes personal injury to the victim and force

 

or coercion is used to accomplish sexual penetration. Force or

 

coercion includes, but is not limited to, any of the following

 

circumstances:

 

     (i) When the actor overcomes the victim through the actual

 

application of physical force or physical violence.

 

     (ii) When the actor coerces the victim to submit by threatening

 

to use force or violence on the victim, and the victim believes

 

that the actor has the present ability to execute these threats.

 

     (iii) When the actor coerces the victim to submit by threatening

 

to retaliate in the future against the victim, or any other person,

 

and the victim believes that the actor has the ability to execute

 

this threat. As used in this subdivision, "to retaliate" includes

 

threats of physical punishment, kidnapping, or extortion.

 

     (iv) When the actor engages in the medical treatment or

 

examination of the victim in a manner or for purposes that are

 

medically recognized as unethical or unacceptable.

 

     (v) When the actor, through concealment or by the element of

 

surprise, is able to overcome the victim.

 

     (g) The actor causes personal injury to the victim, and the

 

actor knows or has reason to know that the victim is mentally

 

incapable, mentally incapacitated, or physically helpless.

 

     (h) That other person is mentally incapable, mentally

 

disabled, mentally incapacitated, or physically helpless, and any

 

of the following:

 

     (i) The actor is related to the victim by blood or affinity to

 

the fourth degree.

 

     (ii) The actor is in a position of authority over the victim

 

and used this authority to coerce the victim to submit.

 

     (2) Criminal sexual conduct in the first degree is a felony

 

punishable as follows:

 

     (a) Except as provided in subdivisions (b) and (c), by

 

imprisonment for life or for any term of years.

 

     (b) For a violation that is committed by an individual 17

 

years of age or older against an individual less than 13 years of

 

age by imprisonment for life or any term of years, but not less

 

than 25 years.

 

     (c) For a violation that is committed by an individual 17 18

 

years of age or older against an individual less than 13 years of

 

age, by imprisonment for life without the possibility of parole if

 

the person was previously convicted of a violation of this section

 

or section 520c, 520d, 520e, or 520g committed against an

 

individual less than 13 years of age or a violation of law of the

 

United States, another state or political subdivision substantially

 

corresponding to a violation of this section or section 520c, 520d,

 

520e, or 520g committed against an individual less than 13 years of

 

age.

 

     (d) In addition to any other penalty imposed under subdivision

 

(a) or (b), the court shall sentence the defendant to lifetime

 

electronic monitoring under section 520n.

 

     (3) The court may order a term of imprisonment imposed under

 

this section to be served consecutively to any term of imprisonment

 

imposed for any other criminal offense arising from the same

 

transaction.

 

     Sec. 543f. (1) A person is guilty of terrorism when that

 

person knowingly and with premeditation commits an act of

 

terrorism.

 

     (2) Terrorism is a felony punishable by imprisonment for life

 

or any term of years or a fine of not more than $100,000.00, or

 

both. However, except as provided in section 1m of chapter IX of

 

the code of criminal procedure, 1927 PA 175, MCL 769.1m, if death

 

was caused by the terrorist act, the person shall be punished by

 

imprisonment for life without eligibility for parole.